Majority
p. 756In the Matter of Williamsburg Candy Tobacco, Inc., Appellant, v New York State Tax Commission, Respondent.
Judgment, Supreme Court, New York County, entered on February 4, 1980, unanimously affirmed. Respondent shall recover of appellant $75 costs and disbursements of this appeal. The appeal from the order entered January 31, 1980 is dismissed as from a nonappealable order, without costs and without disbursements. No opinion. Concur—Birns, J. P., Sandler, Ross, Bloom and Lynch, JJ.